Can We Stop the Divorce Process if We Change Our Minds? 

 Posted on August 10, 2022 in Uncategorized

As many people who have gotten divorced can testify, the decision to get a divorce in Texas is not always so clear-cut. Even when someone is sure they are making the right choice, she may question herself, have doubts, and even feel regrets. In some cases, a divorcing couple will realize partway through the process that they want to try to resolve their problems and stay married. If this sounds like you, read on. 

Can We Cancel Our Divorce? 

If both spouses want to stop the divorce process, they simply need to file a motion for dismissal and the process will be over. If only one spouse was seeking to get a divorce, and the other spouse had not responded with his or her petition, only the first spouse needs to file a motion for dismissal. This is called a Notice of Nonsuit. 

If one spouse wants to continue with the divorce, the divorce will go on. Even if the other spouse decides not to cooperate at all, a judge can finalize the divorce without the help or input of the non-cooperative spouse. A spouse cannot simply “cancel” her divorce in the hopes that the divorce will not move forward. 

Dismissal for Want of Prosecution

When one or both parties file for divorce and then miss scheduled hearings or do not take any further action, a judge can dismiss the case. Generally, this only happens if a case has been on file for more than 180 days or when a spouse or their attorney does not take action dictated by a court. A judge will notify both spouses of the Dismissal for Want of Prosecution and then hold a dismissal hearing. If neither spouse comes, the case is dismissed; if only one spouse comes and wants to pursue the divorce, the judge can move forward with the case. 

Meet with a Dallas, TX Divorce Attorney 

Getting a divorce can be a gut-wrenching process and the compassionate Fort Worth divorce attorneys with Clark Law Group understand that sometimes, spouses change their minds. To avoid going partway through the divorce process and paying unnecessary attorneys’ fees, schedule a comprehensive consultation with a member of our team before filing for divorce. We can help you get a sense of how much the divorce will cost, what the process will look like, and how long it could take. With all the relevant information, you can make an informed decision that is in your best interests. Call our offices today at 469-906-2266. 

Source: 

https://www.txcourts.gov/All_Archived_Documents/SupremeCourt/AdministrativeOrders/miscdocket/98/98-9094.pdf